Chapter 7.12

Question 1

costs

Answer 1

some aspects of civil justice system, such as alternative dispute resolution methods, have been designed to help reduce legal costd for parties, although our civil justice system aims to reduce costs, many people will still pay high costs, these high costs can sometimes discourage or prevent people from pursing civil claims or defences

Question 2

legal costs

Answer 2

• cost of legal representation
• engaging expert witness and mediators
• filing and hearing fees
• using a jury

Question 3

self represented parties

Answer 3

a person before a court or tribunal who has not angaged and is not represented by a lawyer or other professional

Question 4

legal aid

Answer 4

legal advice, education or information about the law and the provision of legal services including legal assistance and representation

Question 5

measures to adress costs

Answer 5

• mediation and conciliation can avoid a final hearing or trial
• earlier the dispute resolved more money is saved
• use of cav and vcat help resolve dispute
  case management narrows issues in dispute

Question 6

time

Answer 6

quick and effecient hearing are often the fairest. if a dispute takes a long time to be heard, or the hearing itself is very lengthy, it can become increasily unfair to one or both parties. following factors will affect how long it takes for a case to be heard
- backlogs
- pre-trial procedures
- evidence gatherings and preperation

Question 7

backlogs

Answer 7

while delays in having cases listen for hearing or trials have improved in recent years, it is largely based on the court or the vcat list

Question 8

pre-trial procedures

Answer 8

pre-trial steps can be complex and lengthy. most cricised is the process of discovery, which can take months. Courts that use case management processes often make orders about discovery and other pre-trial steps to streamline the process

Question 9

evidence gathering and preparation

Answer 9

the time it takes for the parties to get a case ready for hearing (including gathering evidence and preparing for the hearing)

Question 10

measures to reduce delays

Answer 10

• order the parties attend mediation
• limit the scope of discovery
• order that no pleadings are required
• restrict the time for final hearings
• programs used to manage delays
• matters dealt with on paper avoiding need for hearing
• online methods resolve disputes

Question 11

pleadings

Answer 11

a pre-trial procedure during which documents are filed and exchanged between the plaintiff and the defendant and which state the claims and the defences in the dispute